Evidence
1. Evidence
Evidence production is regulated by Section 51 et seqq. of the Administrative Procedure Code. In principle, all types of proof may be used as evidence suitable for establishing the real state of affairs about which no grounds for doubts exist, and which have not been obtained or provided contrary to the law. In case of applications for residence in the territory of the Czech Republic, this concerns documents, witnesses’ statements, interviews with the parties to the proceedings, and/or expert opinions.
The provision of Section 51(2) of the Administrative Procedure Code stipulates that the parties must be informed in time about a production of evidence out of the oral hearing except when there is a danger in a delay and unless the party has surrendered his/her right to be present during evidence production.
The provision of Section 4(3) of the Administrative Procedure Codestipulates that the administrative authority must notify the affected persons in advance about the actions it is about to perform, if this is necessary for protecting their rights and if this will not jeopardize the purpose of such an act. Therefore, the MOI CR must notify the other parties to the proceedings or their representatives in good time if it wishes to perform an act such as interviewing a witness or another party to the proceedings. The MOI CR does not have to make such notification if doing so would jeopardize the purpose of an act.
The MOI CR collects background materials for issuing its decision itself or via other requested administrative bodies (e.g. via authorities for social and legal protection of children, residence checks by the Foreign Police Service, construction planning offices etc.). The parties to the proceedings are obliged to provide the administrative authority all necessaryassistance in obtaining sources for the issuance of a decision (Section 50(2) of the Administrative Procedure Code). At the same time, in some cases the obligation to obtain sources for the issuance of a decision is transferred to the parties under the Act on the Residence of Foreign Nationals, in order for them to prove their compliance with the conditions for residence to be granted.
2. Interviewing an applicant
The MOI CR’s power to interview an applicant for residence permit as a party to the proceedings issues from Section 169(2) of the Act on the Residence of Foreign Nationals. An interview with the applicant is conducted by MOI CR if this is deemed necessary to establish the real state of affairs.
If the MOI CR deems it necessary to interview the applicant during the proceedings, it will summon him/her in writing in accordance with Section 59 of the Administrative Procedure Code. The summons will also advise the applicant on the consequences of failure to report for interview.
The applicant is obliged to answer questions truthfully, must not withhold any information and, if he/she provides untruthful or incomplete information, he/she is committing an offence under Section 156(1)(i) of the Act on the Residence of Foreign Nationals, which carries a fine of up to CZK 3 000.
A disciplinary fine of up to CZK 50 000 may be imposed for refusal to answer without good reason, under Section 62(1)(c) of the Administrative Procedure Code and potentially CZK 3 000 for an offence under Section 48 of the Act on Minor Offences.
3. Interview with a subsidiary party to the proceedings
The MOI CR’s power to interview a subsidiary party to the proceedings on residence permits issues from Section 169(2) of the Act on the Residence of Foreign Nationals. The MOI CR will interview a subsidiary party to the proceedings if this is deemed necessary to establish the real state of affairs.
If the MOI CR deems it necessary to interview a subsidiary party to the proceedings, it will summon him/her in writing in accordance with Section 59 of the Administrative Procedure Code. If the party summoned to interview fails to report for interview and all of the conditions of Section 60 of the Administrative Procedure Code have been satisfied, the MOI CR may have him/her presented to the interview.
Refusal to make a statement at interview without good reason can result in imposition of a disciplinary fine of up to CZK 50 000 under Section 62(1)(c) of the Administrative Procedure Code and possibly CZK 3 000 for an offence under Section 48 of the Act on Minor Offences.
A subsidiary party to the proceedings is not obliged to arrange for an interpreter him/herself at his/her own expense.
4. Witness statement
The need to interview a witness may arise during the course of proceedings to establish the real state of affairs. A witness can be anybody about whom the MOI CR suspects that he/she has relevant information available to him/her regarding a specific matter and who is not a party to the proceedings (e.g. landlord, neighbour, post(wo)man or the applicant’s family members if the MOI CR has not deemed them to have the status of subsidiary party to the proceedings, etc.). The MOI CR’s power to interview a witness is laid down in Section 55 of the Administrative Procedure Code¨.
If, during the proceedings, the MOI CR deems it necessary to interview a witness, it will summon him/her in writing to make a witness statement in accordance with Section 59 of the Administrative Procedure Code. If the person summoned to testify as a witness fails to report for interview and all of the conditions of Section 60 of the Administrative Procedure Codehave been satisfied, the MOI CR may have him/her presented to the interview.
Refusal to make a statement at interview without good reason can result in imposition of a disciplinary fine of up to CZK 50 000 under Section 62(1)(c) of the Administrative Procedure Code and possibly CZK 3 000 for an offence under Section 48 of the Act on Minor Offences.
Under Section 79 of the Administrative Procedure Code, a witness is entitled to reimbursement of overhead expenses (mainly travel expenses) and lost earnings in connection with providing the witness statement. This entitlement must be claimed for from the MOI CR at latest within 8 days of the expenses being incurred, otherwise it will expire. The method and scope of reimbursement of lost earnings and overhead expenses is stipulated by Ministry of the Interior Decree No. 520/2005 Coll., on the scope of overhead expenses and lost earnings that are reimbursed by an administrative authority to other persons and on the amount of the lump-sum costs of proceedings, as amended.